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2022 Supreme(HP) 641

SANDEEP SHARMA
Aarti Chaudhary W/o. Dr. Gaurav Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
For the Applicant :Mr. Lokender Paul Thakur, Advocate.
For the Respondents:Mr. Narinder Guleria, Additional Advocate General with Mr. Sunny Dhatwalia, Assistant Advocate General.

ORDER :

1. Being aggrieved and dissatisfied with issuance of Notification dated 23.3.2012, Annexure A-1, whereby services of the petitioner came to be terminated on account of willful absence, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 1482 of 2015, which now on account of abolishment of learned Tribunal below, stands transferred to this court and re-registered as CWPOA No. 5208 of 2019 praying therein for following relief-

    “(i) That the impugned Notification dated 23.3.2012 (Annexure A-1) may kindly be quashed and set aside and the applicant be reinstated into service with all consequential benefits.”

2. For having birds’ eyes, certain facts relevant for adjudication of the case at hand, are that the petitioner after having completed MBBS joined as Medical Officer at Primary Health Centre Khundian under Rogi Kalyan Samiti on 4.2.2009 on contract basis. However, her services were regularized vide Himachal Pradesh Government Notification dated 4.1.2012 (Annexure A-2). Petitioner applied for no objection certificate for appearing in examination conducted by PGI MER Chandigarh for post graduation. Block Medical Officer Jawalamukhi, while

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